29 September 2022 · Amaia Forcada
Approved the bill of law to protect the “WHISTLEBLOWERS”
Approved the bill of law to protect the “WHISTLEBLOWERS”
29 September, 2022
–
Compliance
–
Amaia Forcada
On Tuesday, September 13th, 2022, the Government approved the Bill to protect people who report violations of the European or national legal order, and the fight against corruption.
The text transposes the Directive known as ‘Whistleblowers’ (Directive (EU) 2019/1937 of the European Parliament and of the Council of 23rd October 2019 on the protection of persons reporting breaches of Union law), and does so with a significant delay, as the deadline for doing so expired on 17th December 2021.
The main objective of this project is, according to the Government, to protect effectively all persons who communicate information relating to infringements of European or national law. Such protection applies in the public and private sectors and, moreover, is not limited to protecting workers, as the rule will also apply to self-employed persons, members of management bodies, shareholders, former workers or even trainees.
Protection is mainly channelled through the establishment of protected channels of information, as well as the prohibition of retaliation against whistleblowers. In addition, it is allowed to report anonymously, in the line followed by other models of protection of the informant already implemented at international, European and regional level. The maximum time limit for investigating the matter and responding to the reporter shall be three months, but may be extended in case of particular complexity.
Although the standard establishes as a preferred channel internal information systems, it also provides for the existence of external reporting channels, which will be channeled by an Independent Information Protection Authority, still to be created and which will be assigned to the Ministry of Justice.
The law provides for a sanctioning regime for, among others, cases in which an informant does not receive the appropriate protection or for the case in which he publicly communicates or discloses information knowing of its falsehood. Sanctions, in addition to economic fines ranging from EUR 10.000 to EUR million, include public banns, prohibition of obtaining subsidies or other tax benefits within four years or a ban on contracting with the public sector within three years.
The obligation to have internal channels of denunciation extends to all public entities, including municipalities — although those with less than 10,000 inhabitants may share them with other local entities in the same autonomous community. In the private sector, the obligation rests on companies from 50 workers, as well as on political parties, trade unions and foundations that receive public funds, regardless of their number of employees.
It should be noted that the rule allows that the management of such internal information systems can be carried out both within the entity or body itself, and by going to an external third party, although in any case it must be appointed a responsible person, who may be a natural person or a collegiate body.
A period of three months from the entry into force of the law is granted to implement internal reporting channels, although for private sector legal entities with less than 249 workers this period will be extended until January 1st, 2023.
It is highly recommended that all those obliged entities start the implementation process as soon as possible. In Mes Advocats we are at your disposal to advise and accompany them throughout the entire process.
###
---